JOTINDRA STEEL AND TUBES LTD Vs. KIRAN KANDHARI

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 2.8.2006 dismissing the suit of the appellant/plaintiff/tenant filed for specific performance. THE suit has been dismissed by deciding the preliminary issue No.3A which reads as under:-

(2.) TRIAL Court has dismissed the suit for specific performance by holding that the lease deed in question of which specific performance was sought was not registered and therefore the suit for specific performance is not maintainable. TRIAL Court in this regard has made the following observations:-

(3.) A reference to this clause shows that nowhere it is stated that the respondent/landlord is bound to grant lease every three years to the appellant/tenant. Nowhere does this clause creates a perpetual tenancy and all that this clause suggests is that lease may or can be renewed every three years subject to increase of 10%, but, there is no mandate contained in this clause that the landlord shall be compulsorily bound to give consent each time for renewal of lease after three years. Accordingly, even if we take the admitted case of the appellant that such a clause did not require registration to file a suit for specific performance, yet, there is no legal entitlement in terms of clause to automatically create lease deed for every three years.